Embed Size (px)
Citation preview
1
)
3
4
5
6
7
8
9
10
11
t2
l3t4
15
t6
t7
18
t9
20
2t,,,
)?
24
25
26
27
28
MICHELLE L. RICE, SBN 235t89KORY & RICE LLP9300 Wilshire Blvd.. Suite 200Beverly Hills, Califrimia 90212Telephone: (3 l0) 285- 1630Facsimile: (31 0) 278-7641
IFFFREY KORN, SBN 150978714 West Olympic Boulevard. Suite 450Los Angeles, California 90015
Telephone: (3 1 0) 430-5681Emar I : j effl<cirn I aw@l ive.com
At torneys for P I a i ntiffsLEO]VAHD IV. COHEIY andLEO]VARD C OHE]V IIVVESTMEIVTS, LLC
LEONARD NORMAN COHEN, anindividual, LEONARD COI{ENINVESTMENTS, LLC, a DelawareLimited Liability Company,
Plaintiffs,
V.
KELLEY A. LYNCH, an individual,RICHARD A. WESTIN, ESQ. anindividual, DOES 1 through 50,inclusive,
SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES
CENTRAL DISTRICT
Case No. BC 338322
Hon. Robert L. Hess, Dept.24
Hearing Date: January 17 ,2014Time: 8:30 a.m.Dept.24
Action Filed: August 15,2005Defendants.
I)
3
4
5
6
7
8
9
10
11
t2
13
t4
t5
t6
t7
18
t9
20
2l
22
23
24
25
26
27
28
I, SCOTT A. EDELMAN, declare as follows:
1 . I am a resident of Los Angeles, and am over the age of eighteen. The followingfacts are within my personal knowledge, and, if called and sworn as a witness, I could and wouldtestify competently thereto.
2. I am an attorney in good standing admitted to practice law in the State ofCalifornia' I am a partner in the Los Angeles office of Gibson Dunn & Crutcher. LLp. I havebeen practicing law for over 29 years.
3. In or about July 2005, my firm was engaged to represent Leonard Cohen as
litigation counsel in Mr. Cohen's dispute with his former manager, Kelley Lynch and his formerattorney, Richard Westin. In our capacity as litigation counsel, I and several other partners and
associate attorneys from Gibson Dunn worked closely with Robert Kory and Michelle Rice, who Iunderstand serve as Mr. Cohen's general counsel.
4. On August 75,2005,I filed Cohen's complaint against Kelley Lynch and Richardwestin in Los Angeles Superior court, civil case Number BC 33g322.
5. Shorlly after filing the complaint on the l5th, our firm hired First Legal Support
Services to personally serve defendant Kelley Lynch the summons and complaint in Civil Case
Number BC 338322 at her residence at2648 Mandeville Canyon Road, Los Angeles, California,90049.
6. I attach, as Exhibit A, a true and correct copy of the Proof of Service of Summons,
the Declaration of Diligence, and the Proof of Service by Mail in Civil Case BC 33g322. Theprocess server stated in his Declaration of Diligence that he had attempted to personally serve Ms.Lynch at her residence at different times over a period of nearly a week but had been unsuccessful
in those attempts. (See Exh. A, pp. 3-4). On the morning of August24,2OO5,Leon Moore, theregistered process server from First Legal Support Services stated: "subject Not In. Subserved on"Jane Doe" * white Female, 5'7",135Ibs, Blond Hair, Black Eyes, co-occupant.,, The proof ofService by Mail states that Anthony Levey of First Legal Supporl Services mailed copies of thesummons and complaint in Case Number BC 338322 to the attention of "Kelley A. Lynch, AnIndividual" at the 2648 Mandeville Canyon Road,-address in Los Angeles on August 24,2005,
DECLARATIoN oF scorr A. EDELMAN IN suppoRT oF pLAINTIFFS' opposrrroN To DEFENDANT relaevivNcHs rrorroNTO VACATE AND/OR MODIFY DEFAULT "IUOCH,TSNi ENTERED MAY I5.2006
I2
3
4
5
6
7
8
9
10
11
12
13
t4
15
t6
t718
l9
20
2t
22
23
24
25
26
)1
28
after the substituted service on Lynch at the same address. The Proof of Service by Mail statesthat the copies of the summons and complaint were sent in a sealed envelope with First Classpostage fully prepaid. (See Exh. A, proof of Service by Mail.)
7 ' I filed the Proof of Service of Summons, the Declaration of Diligence, and theProof of Service by Mail I received from First Legal Support Services in Civil Case Number BC338322 on August 25,2005.
8 ' The afternoon of Augu st 24, 2005, my assistant answered a telephone call Ireceived at my office from a male caller who identified himself only as "Chad.,, Chad said that he
was living at Kelley Lynch's house. Chad told my assistant to tell me that if we tried to serve
another lawsuit on them, they would hold us responsible for mental duress. My assistant also
related that she could hear awoman yelling in the background "this is tax fraud, this is tax fraud!,,9 ' Also on the afternoon of Augu st 24,2005, several of my Gibson Dunn colleagues
received an email from Kelley Lynch ([email protected]), which was apparently intended forme because the message text was addressed directly to "Dear Mr. Edelman.,,(See Exhibit B,Email from Kelley Lynch addressed to "Dear Mr. Edelman" on August 24,2005 at 4:1g p.m.) Inthe email, Ms' Lynch requested that her email be forwarded to my attention. One of mycolleagues forwarded Ms. Lynch's email to me that afternoon.
10' Ms. Lynch's email confirmed the telephone conversation that my assistant had withLynch's roommate "Chad" earlier in the afternoon. In her August 24th email,Lynch wrote:
"To clarify precisely what Chad Knaak's message to you was: "If you try toserve this fraudulent lawsuit on me one more time, I will hold youpersonally responsible for mental duress.,,(See Exhibit B, email from Kelley Lynch addressed to "Dear Mr. Edelman,,on August24,2005 at 4:18 p.m. Emphasis supplied. )
1 1' Based on the telephone call I received at my office from Lynch's roommate Chad
the afternoon the process server had served a"Jane Doe" at Lynch's residence and Lynch,s
statements in her email sent to my colleagues at Gibson Dunn that was addressed to me on the
afternoon of August 24,2005,I believed thatLynchhad received copies of the summons and
-3-
DECLARATION OF SCOTT A' EDELMAN IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT rcET-I-UV T-T'NCTT S ,NAOTTONro VACATE AND/OR MoDIFy DEFAULT:uocvgNicNTERED MAy ts;,zoii-
I",
3
4
5
6
7
8
9
t0
11
12
l3l415
16
l718
t9
20
2t)',
23
24
')<
26
27
28
complaint in Civil Case Number BC 338322 and had identified me from the papers served at her
residence as Mr. Cohen's attorney.
12. I began receiving emails directly at my office email address
([email protected]) from Kelley Lynch ([email protected]) on or about
September 3,2005. The September 3'd email from Ms. Lynch contained the subject heading
"Notice of Case Management Conference Case No. BC338 322". (Exhibit C, Email from Kelley
Lynch to Scott Edelman, September 3,2005). Lynch wrote in that email that she had,,guessed,,
my email address:
"l will attend the case Management conference in the "Tax Fraud" Matter(BC 338 322) iust as soon as I go to "Batterer's Intervention" in "Thecustody Matter of Ray Lindsey" (case Number sF 000 150). Go aheadmove the date up. How about next week? I want commissioner Iverson ofthe IRS atthat case Management conference - he must understand taxfraud."(See Exhibit C, Email from Kelley Lynch to Scott Edelman,September 3,2005).
13. Prior to receiving Ms. Lynch's email of Septemb er 3, 2005, as best as I can
currently recall, I had never spoken to or otherwise communicated with Ms, Lynch.
14. Ms. Lynch subsequently continued to send me numerous emails, possibly
numbering in the hundreds, on which I was included in either her "To:" distribution list or in her
"Cc:" recipient list, during the entire course of the litigation. The telephone calls and emails from
Ms. Lynch continued for several years after the conclusion of the litigation in2006.
15. On or about September 16,2005,I was contacted by a reporter for the New york
Times seeking comment from me and Mr, Cohen on Mr. Cohen's lawsuit against Ms. Lynch and
Mr' Westin. The reporter, Marc Wein garten, requested and was sent a copy of Cohen's complaint
that had been filed on August 15, 2005. Mr. Weingarten's article entitled "Leonard Cohen,s
Troubles May Be a Theme Come True" was published in the New York Times Arts section on-4-
DECLARATION OF SCOTT A. EDELMAN IN SUPPORT OF PLAINTIFFS'OPPOSITION TO DEFENDANT TET-'-EV T-VT.ICH S MOTIONTO VACATE AND/OR MOI]IFY DEFAULT JUDGMENT ENTERED NAAV IS, ZOOO -
I2
3
4
5
6
7
8
9
10
11
t2
13
t4
15
t6
17
18
t9
20
2t)',
23
24
25
26,,1
28
October 6,2005 (See Exhibit D). The article states that Lynch "declined to comment on the
charges, saying in an e-mail message that Mr. Cohen and his lawyer, Robert Kory, have used
aggressive tactics and that they tried to freeze her bank accounts." /d
16. On October 11, 2005, I filed a Complaint for Recovery of Personal Property on
behalf of Mr. Cohen against Ms. Lynch in Los Angeles Superior Court, Civil Case Number BC
341120. The purpose of the second suit was to recover business records and other personal
property belonging to Mr, Cohen that Ms. Lynch had refused to return despite Mr. Cohen's
repeated requests to return his property for over a year after her termination by Mr. Cohen inOctober 2004. The summons and complaint in Civil Case Number BC 341120 were personally
served on Ms. Lynch at her Mandeville Canyon residence on October ll,2005 by Jonathan Solis,
a registered process server from First Legal Support Services. I attach, as Exhibit E, a true and
correct copy of the Proof of Service of Summons filed in Case No. BC 34llzo.17 . The Order on the Writ of Possession to recover Mr. Cohen's property was executed
by the Santa Monica Sherifls Department at Ms. Lynch's Mandeville Canyon Road residence
over two non-consecutive days in October on the l8th and 241h.
l8' Ms. Lynch continued to send me and other members of my law firm, namely, our
firm's managing partner and my associate numerous emails throughout 2005 andthe spring of2006, sometimes as many as a several dozen per day.
19. In an email sent October 5, 2005 to another Gibson Dunn attorney, Lynch wrote:
Hi Ken,
Did you have a good evening? I was wondering if you have a wife or children. Ihad to wake Chad up to ask him if I could use his computer.
Ken, I was in the bath-tub this morning and I thought',why should I use a lawyerlg gg up against_ Gibson Dunn when I Can use Joanne at 'We The People' to fi]e the\!o!ign 1o Quash in response to Edelman's Motion play in the bogus iawsuit Cohen!le! i1t-a Superio: court?" lid you amend the cdmpraint yet tJadd me on as aPlaintiff. As your "huge" tax department clearly undeistandi 1b.tt., than I), youcannot remove assets from Blue Mist Touring, Inc. without compensating me onLC Investments, LLC. Therefore, I want to b6 a Plaintiff and a defend ari. inthatmatter. I was also thinking "I should call John Gotti,s lawyer and see if he wouldknow how to take on someone as g_owerful as Edelman.'.
J
DECLARATION OF SCOTT A' EDELMAN IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT *Ui-*V 'ACNS
,N,,IOTIONTO VACATE AND/OR MODIFY DEFAULT JUDGMENT ENTERED MAY I5" 2006
I2
3
4
5
6
7
8
9
10
11
t2
13
t4
15
t6
t7
18
t9
20
2t
22
23
24
,<
26
)1
28
(See Exhibit F)
20. In addition to her numerous emails and telephone calls to me and other members ofmy firm, which began almost immediately after service of the summons and complaint, Mr. Cohen
had also been receiving numerous emails from Ms. Lynch and that she had been calling his home
telephone number and leaving lengthy, expletive filled voicemails at all hours of the day and
night.
21. The volume, content and tone of Ms. Lynch's voicemails and emails to Mr. Cohen
were sufficiently disturbing for Mr. Cohen to apply for a Temporary Restraining Order to prevent
further harassment by Ms. Lynch on October 14,2005, Los Angeles Superior Court Case No. BS
099650.
22. Ms. Lynch was personally served a copy of Cohen's Application for a Temporary
Restraining Order at her Mandeville Canyon Road residence on October 18, 2005.
23. On November 3, 2005, a permanent restraining order hearing was held in Case
Number BS 099650. Ms. Lynch did not attend the hearing. After considering Mr. Cohen,s
application and supporting declaration and exhibits, the court granted Mr. Cohen's request for a 3-
year restraining order against Ms. Lynch. I attach, as Exhibit G, a true and correct copy of the
Restraining Order After Hearing to Stop Harassment issued on November 3,2005. The personal
conduct and stay away orders issued by the couft in the 3-year order contained an exception for
Ms. Lynch to be able to attend noticed court appearances in Civil Case Number tsC 33g322
without violating the order. (See Exhibit G, Sections 6 & 7).
24. On October 26,2005,I filed a Notice of Related Case in Civil Case Number BC
341120 which sought to transfer all subsequent proceedings in that case to Judge Freeman in
-6-
DECLARATIoNoFSCoTTA'EDELMANINSUPPoRToFPLAINTIFFS,oPposrNTo VACATE AND/OR MODIFY DEFAULT JUDGMENT ENTERED Iraay rs. zooi-
I)3
4
5
6
7
8
9
10
1l
12
l3t4
15
t6
17
18
t9
20
2t
22
23
24
25
26
27
Department 64, the presiding Judge in Civil Case Number BC 338322. I attach, as Exhibit H, the
Notice of Related case that was filed in civil case Number BC 341120.
25. On November 9, 2005, Ms. Lynch was personally served at her Mandeville Canyon
residence by Deputy John Fernandez of the Santa Monica Sheniff s Department copies of
Plaintiffs' subpoena for Ms. Lynch's personal banking records at US Bank in Ohio along with the
requisite consumer notices. I attach, as Exhibit I, a true and correct copy of that proof of Service
on Ms. Lynch. I filed the Proof of Service in Civil Case Number BC 338322 on November 10,
2005.
26. Ms. Lynch did not respond to the complaints filed in Case Nos. BC 338322 and BC
341120.
27. When Ms. Lynch failed to file a responsive pleading to the complaint in Case No.
BC 338322, Plaintiffs filed a Request for Entry of Default on Decemb er 5,2005. I attach, as
Exhibit J, a true and correct copy of the Request for Entry of Default, On December 5, 2005, Ms.
Lynch was sent via first-class mail, postage prepaid, a copy of the Request for Entry of Default to
her address at 2648 Mandeville Canyon Road in Los Angeles. (Exh. J, Item 6, Declaration ofMailing pursuant to Code Civ. Proc. $ 5S7).
28. Despite never having made a personal appearance in either case, Ms. Lynch was
sent filed documents by mail to her Mandeville Canyon residence address. In late December
2005, we became aware through Ms. Lynch's emails that she had been evicted from her
Mandeville Canyon Road address. Ms. Lynch did not provide a new mailing address to either the
Court or us. AccordinglY, we continued to mail court filings to her last known mailing address. I
also instructed my associate and assistant to email Ms. Lynch electronic pDF copies of all28
DECLARATION OF SCOTT A' EDELMAN IN SUPPORT OF PLAINTIFFS'OPPOSITION TO DEFENDANT TET-T-EV T-T'NCIT S ,NAONONTO VACATE AND/OR MODIFY DEFAULT JUDCMENT ENTERED MAY I5.2006
I,,
3
4
5
6
7
8
9
10
11
t2
13
t4
15
t6
t718
t9
20
2t)',
23
24
25
26
)1
28
documents filed with the Court and to continue to notify Ms. Lynch via email of upcoming court
dates and hearings. Ms. Lynch frequently responded to the emails notifying her of future court
hearings or attaching PDF copies of filed documents in both cases, BC 338322 and BC 34ll2).Examples of such communications are included in paragraphs 29 through 35 below.
29. On January 19,2006, my associate sent notice to Ms. Lynch via email of plaintiffs,
intention to file an ex parte request for an extension to file papers in support of Plaintiffs' request
for an entry of default judgment against Ms. Lynch in BC 338322and BC 341120. My
associate's email requested Lynch to notify her if she intended to oppose Plaintiffs, ex parte
application. (See Exhibit K, Email from Ariane Sims to Kelley Lynch dated January 79,2006,
containing the subject heading "Ex parte Application,,, p. 2 of 3)
30. The same day, Ms. Lynch wrote two email responses to my associate's email from
her [email protected] email address. In her first email response, Ms. Lynch contested service
and stated that she would not be attending the ex parte hearing on January 20,2006:
Dear Ariane Sims,
I didn't receive anything, I was never served your lawsuit and Scott Edelman isaware of this as is his assistant and managing partner, Ken Doran. Check theprocess servers papers on a later date and you will see a note to Ken Doran aboutthis' You can have any kind of hearing you want on this matter but it is tax fraudand I refuse to participate...
You can go to hell and don't contact me again...
Good luck. You will need it when you see me in court. you are looking at themost hostile witness on the planet...
Have fun at your ex parte hearing. I oppose this for one reason and one reason only- inform the Judge: this is egregious tax fraud and Gibson Dunn is helping tofacilitate it. Do you see the IRS Commissioner copied in here? you peopL arepsychotic.
(See Exhibit K, Email from Kelley Lynch to Ariane simms, January 19,2006 at12:23 p.m., p. I of 3)
-8_
DECLARATIoNoFSCoTTA.EDELN,[ANINSUPPoRToFPLAINTIFFS,opposrNTO VACATE AND/OR MODIFY DEFAULT JUDGMENT ENTERED MAY I5.2006
I2
3
4
5
6
7
I9
l0ll12
13
t4
15
16
t7
18
t9
20
2t,,)
23
24
25
26
27
28
Later, at 12:27 p.m., Ms. Lynch wrote a second email response:
I will print this out and mail it to the Judge in this matter. Let him decide what todo. I have had it with Leonard Cohen and his lying lawyers.
(See Exhibit L, Lynch email response to Ariane Sims January 19,2006 at 12:27p.m.)
3l ' On January 24,2006, a secretary from my firm mailed Ms. Lynch copies of the
following documents in Civil Case BC 3383221o her address at2648 Mandeville Canyon Road in
Los Angeles:
1. Plaintiffs C-ase Summary Pursuant to CRC 388 in Support of Default JudgmentAgainst Defendant Kelley A. Lynch
2. Plaintiffs' Memorandum of Points and Authorities Pursuant to CCP $579 ToProceed Against Defendants Richard A. Westin and DOES I Through 50 WhileSeeking A Default Judgment Against Kelley A. Lynch
3' Declaration of Leonard Norman Cohen In Support of Default Judgment AgainstDefendant Kelley A. Lynch
4. Declaration of Kevin L. Prins In Support of Default Judgment Against DefendantKelley A. Lynch
5. Declaration of Scott A. Edelman In Support of Default Judgment AgainstDefendant Kelley A. Lynch
6. Request For Court Judgment
7. Judgment
8. Request For Dismissal
(See Exhibit M, Proof of Service of Request For Dismissal filed in Case No. BC 33g322on May 9,2006, page 2 indicating that documents were sent to: Kelley Lynch,2648Mandeville canyon Road, Los Angeles, cA goo4g And By Email to:tserinema@ gmai l.com).
32. In addition to having been mailed a copy of all of the above documents to her
Mandeville Canyon Road address on January 24,2006, Ms. Lynch was also emailed a copy ofeach of the documents listed above inparagraph 30 to her email address [email protected] by
DECLARATIoNoIrSCoTTAEDELMANINSUPPoRToFPLAINTIFFS,oPPosrNro VACATE AND/oR MoDtFy DEFAULT:uncveNf uNTERED MAy r s.2006
I)
3
4
5
6
7
8
9
l011
t2
13
t4
15
t6
17
18
l920
2t",,,
23
24
)<
26
27
28
my associate' I attach as Exhibit N, a copy of the email my associate sent Ms. Lynch on January
24,2006 transmitting electronic "courtesy" copies of the documents filed in support of Cohen,s
request for entry of default in Civil Case BC 339322.
33. On January 24,2006, Ms. Lynch replied to my associate's email. Lynch,s reply
was also sent to at least one hundred additional email recipients, including me and several other
employees of Gibson Dunn:
Dear Ariane Sims:
I do not have an address any longer (and Scott Edelman knows this because heconfirmed my email address) so where are you mailing them? Also, I'm notreading them because I wasn't served and you're starting to bore me.
Love,
Kelley Lynch
(See Exhibit N, Email from Kelley Lynch to Ariane Sims, January 24,2006)
34. On April 27,2006, my assistant sent the following notice via email to Ms. Lynch
on my behalf regarding Plaintiffs' intent to request the Court to enter default judgment in both
actions:
Dear Ms. Lynch,
I am writing on Scott Edelman's behalf to inform you that tomorrow morning at8:30 a.m', in Department 64, of the Los Angeles Superior Court located at l l lNorth Hill Street, Los Angeles, Californi a 90012, piaintiff Leonard Cohen willmove ex parte to request the Court to enter default judgment in Case Nos. BC338322 and BC 341120. Please advise whether you iniend to oppose the ex parteapplication and whether you will be appearing tomorrow morning.
(See Exhibit o, Irma Guerra email to Kelley Lynch, April27,2o06,page 3).
35. Ms. Lynch responded to my assistant's email on April 27,2006 by calling her
"another 'brain dead' lawyer working for Gibson Dunn" and fuither advised,,[h]ere,s my answer
to all the nuts at Gibson Dunn: I intend to oppoTfvery single stupid anogantinsane legal move
DECLARATIoNoFSCoTTA.EDELMANINSUPPoRToFPLAINTIFFS,oPPoSrrNro VACATE AND/OR MoDIFy DEFAULT .ruocHagNi TNTERED MAy l s. 2006
I2
3
4
5
6
7
8
9
IO
11
t2
13
t4
I5t6
t7
l8t9
20
2T
22
23
24
25
26
27
28
have made on behalf of your client and I will be coming after all of you with an attorney.,,
Exhibit O, Lynch email response to Irma Guerra, April 27,2006)
36. On May 12,20A6, Ms, Lynch was sent copies of the Notice of Order Re Default
Judgment and the Judgrnent in Civil Case Number BC 338322 by mail addressed to her last
known mailing address on Mandeville Canyon Road in Los Angeles. I attach, as Exhibit p, true
and correct copies of the Declarations of Service for the Notice of Order Re Default Judgment and
the Judgment.
I declare under penalty of perjury under the laws of the State of California that the
fbregoing is true and correct and that I executed this Declaration on th" !:hrof January,20l4
at Los Angeles, California.
w,r*_Edelman
-tt_
,:EC'LAxAnoN irltrc,yril. ;nEt.MAN rN zupponr oF'p;ffiNir;ELLEy r,yNCHls lr.ronoN10 VACA'IE AND/OR MODIFY DEFAUI-'I"JUDGMENT ENTERED MAY I5,2006
you
(See
trXHIBITA
^Hffb:EU'fi',ff11*fqcoTT A. EDELMAN, enn *l6slz2029 CENTURY PARK EA$T, SUITE 4OOO, tCIS ANGELES, CA 90067
rELEpuoN€ rc (310) 5O?-6500E+rqL ADORE$S tOotiffi rl:
Fnx No topriwrl; (310) 551-8741
I arronnev FOR rrudry). PLAINTIFFS '
POS-0,l0FCR tot/Rr !s€ o/!iy
F'ILEDi_r.'t AI.TCFLES SUpER0R Ct
AU6 I 5 ?005ur6nrvr\ r,{rur(r ur {;ALtFoBNlA, couNTy or LOS ANGELES
STREET apoflEss 1 1 1 NORTH l"illl STREETr.,tArurrQAooRFSe; 111 NORTH HILL STREET
crrr^xozrpcoDE L0$ ANGELE$, CA g00lzER NCH NA$EI
PLAINTIFF/PETiI0NER: LEOMRD NOAMAN COHEN, EIC. Ef AL.DEFENDANT/RESP0NDENT: KELLEY A, tYNcH, ETc,, ET AL.
PROOF OT $ERVICE OF SUMMCINS
CAS( IlUM8ER:
fl\{q 8C33s322
ne, NO or' Fitg t&r:
{Separate proof sf sarvi}o is required for oach par.ty sery#d.J
1' At the time of service r wa' at reasl 1g years of age, not a party to this action.2. I served copies of:
f' other(specifydocuments): sut{I{oNs, CCMPIJATHTI ervrt cAsE covE&, SHEET (tr$LrMrrED) lNOTICE OF CASE ASSIGNMg$? LOg ANGELES SUFERTOR COURT; LOg ANGELES SUPERIOR COTJRTAIJTERIIATIVE DTSPUTE RESOLU?ION {ADR} PROGRA,MS; DI$pUrE X,SSOLU"TON pROcRAr,rS ACT(DRPA) coMtEACToRS; (nr,arw) srrputATroN To pARTrcrpATE rN ATTTERNA,TTyE DTsFUTERSSOLUTION (AnR)
3' a' Party served: (specr& name of party as shown on docurnenls served.l: KETJTJEY &, - rryNCH { AN rt{DrvrDuALb' Person served; other Ispecl& n ame of parly and relationship ta the paw named in ilem 3a): n ,JANE DoE u - t|lHrrEFEIdILIJE, 5'7tr, L35LBS, BIrOllD IIAIR, BLACK EVES - CA_SCCUAPAIi:I
4. Address whers ths party was sFryed:2648 },I.AI{OEVIIiLE qA}TgON ROADLOS AlGErESr CA 90049
5. I served he party
b' by subslituted service' on fdalel., Auguet 24, 2005 aI (time): 0g r 00 em I left the documsnts listed in item 2with or in the presence of (name and title or relation*hlp to per$on indicatcd in item 3b)l(2) {home} a competent momber of the hou.sehold {at least 18 years of age) at the dwelling house or usual placo ofabode of the partv. I informed him or herorth* ttd;;i;;;iJJr-ti'""p*up*,.u(4/:b Oectaration of mailing is attached.
1-!Lil
{5[J atracn a declararion of diligence stating aciion laken first lo attempl personal service.i_!,*,
r{-
" I,
i.i!i
pftoor or sEnvtsE CIF SUfttMoNSFrm Adopled lry Mardatory Ugu
Jw oal Ctrrir o, Cetnorfla pbs.o1OlFoe. Juty, Z00,tl
Cod{ a, Civil Prssd!.t, f .it ? t0Odrr{ 3}8}J??/Bpr00l6 1
Prge I ot I
P LAI NT I FF/PET I T I OhI EMI.EONARD NoRMAN CQHEN, ETC,IEI AI..qEFENDANT/RE$PONDINT:KELI,EY A,. I,YTTCH, ETC,. ET JIL. 8C338322
6' The'Notice to the person served'{on rhe surnmons) was comprered as foilows:a. as an individual defendant.
7, PerEon who served paperra. Name: IEOI{ UOQR&, F.TRST ITEGAL SUFFORT SERVICESb. Address: ].5].]. wBsT BEVERIJY BotE,EvAFJ), LoS },IIGELE$,c. Telephone number; (?13 ) ?S0 - LL1I"d. The fee for service was: g . 00e. lamt
(3) Registered California process server.(i) Employee or independant contractor(ii) Registration no.: ,4 3 0 3(iii) County: LOS ANGELSS
B l declare under penalty of periury under the laws of the $tate of california that the foregoing is trueDate:,Auguet 25, A00S
r,F0Iq .r{qqBs(IYPE OR PRfl; THE N^ME OF'I}tE PERSON WHO SERVED THE PAPER$)
J,}:;:f::it:'15nIlrl.?i;:t
cA, 90026
correct.
WHO SERVEO THE PAPEFS)
FOS-010 lR.e, Jrry ).:0041PROOr GF $ERVICE OF $UHMCIhIS p4siqt2
O.drritr 138O3?Jgt roqt60F1l
^tTriSlil-Buifl?ffiscoT? A. EDE&,1A,BI, BAR #116!172Q29' CE}TrdRY P&RN EAST, SUITE 4OOOLOs fiNGELE8. eA 90067
AT3.Iof"f.!Rre'yt' pLarlrrrrrs
FOR COUBT UgE ONLY
t0re.1 f,es o{ wrt. juo,aat distrtiji[raqd] {rwt, if &,SUPERIOR COURT OF rHS STATE 05, CAIJTT.ORNIA1.1]. I{OETI{ HTIJTJ STREETL0$ AilGEr,Eg, cA g001.2
I,EONAR$ HORMAN EOTIEI{, ETC, ET AIl.
KIT,LEY A. IJyNcH, ETC,, ET AL,
8C338322
HOME: g64g II{ANDEVII,IJE CAIIYON ROADLos .&NGELES, CA 900{9As enurnerated below:
August t-7, A00S 09:15 prnNO E.NSWER, Ar REdIDMSCE.
Auguet J.9, A00S 06r45 aurHO A$SI4ER AT HESIDBNCE.SIIEJECT r,OR A rEW DAYS.
August 20, 2O0g 09r00 pm}IO &}TSWER^ JIT E,ESIDENCB-Augue t 21, 2005 0J. r 00 prn
NO ANSWER }.T REdTDENCB.Auguet 22. A00g
N0 3.!q$wER09:2 0 5:mAT RESTDEHCE.
NO ACTIVITY. PER $ErG}IBOE S}IE I{A$ NQT SEEN
{CONTINUEP ON NEXT PAGE)'t. J,
.::it:)
,^r .9.
{tl
NECLAfrATIOf{ Or DILIGEfrMiOldEr, 33$0f3e/Bpfoo[0
^tT[?8iil^tuitrmSCOTr A, EDEIJMAN, BAR #]j*6ff7zezg' raN?Iiev pARr( EAST, surrg
(3 1.0 ) s52-85#
Ir0S AIIGELES, C& 900S?ATTQRNET F(}R l#amd,)r puA,IllTI
FOR COUNT USE ONLY
Rer. No or Fio t,lo.
h:sd aans o, cet, j{oicial d'tshd fi D(s^ct,mn tf a[SUPERIOR COURT Or ?}iE SrArE1.],1 NOR?H TTItt STRES"LO$ ANGEITES, CA 90012
OF EALTFOruM,II
IJEONARD !{OR!{AN COHEIVI ETC- ET AL.
KETTJEY A. LYNCH, ETC,, ET AJ,.
8C338322
(coNTtNUED FROM PREVTOUS PAGE)August 23, 2005 08r45 amIrrgHTS O}{ KT.IOCKED ON DQOR BUT N0 AI{8WER.&uguet 24, Z00S 0g:00 arn
SUB'JECT NOT fll. SUBSERIIED ON ,,.IANE DOEtr-BLJOND HAIR, BTACK EYES, CO-O(CUPAIi,I.
llt,(:,'Lr:,
Refrjltered Catifornia process server.Co6hty: LOS ANGELESReglstration No: 4303EIpXf[ot ,rarruary 30, A006rlIFr LEG.A.L Sui:ponr sui.vrcas],5TI1 WEST BEYERLY BOUTE:+;i;"LOS-ANGSLES, CA, 90026(213) 250-L1l-1
WIIITE FBUALE, 5'?n, 13sLBS,
Orda4r ;JB0)l?rBFrst:o
$ignature:
^IT[-J8ii:"T$IffiTTilMSCOTT A. EDELMAN, B&B #r.169U2029 elNTURy ragx EA,ST, SUI"E 4000
(33.0) iBiltr6{lIJQS A}IGEIJES, CA 90067
ATTORNEY.FOR (r\,Bhel pIJ\fMf II,E SRel l.Io.orF{e!'to
ln*{namg ol coull,ludlciatdislri(t a, bftncf, iourl" r;;SIIPERIOR COURr OF rHE ST.ITE3.]"]. NONrH HILL STREETr,os AI{GE&ES, cA 90012
OF CA],IFORNXA
T,EONAXD NOA}TAN COHE$, E?C. Br AL.OgFENDANTI
KEIJIJEY A. ITyISCH, ETC,, ET AL,
PRCIOF OF SERVICE BY MAIL
Hf,l,f:,1;?,;if,iyillr,.?,1:1ffi:i:,.mff.:1ffi[,.J[y;tf$#ffi',:'_X SAh:r
ca,irornia ,am over he age or;on August ?4' 2005' after substituted servics under section ccp 415.20ia) or 415.20(b) or FRClv,p 4(dx1) was rnade, I rnaitedcopies of the:
COVE& SHEET {UNLII,TITED}; NOTTCE OF C.&SECOUR"; IJCIS ANGEITES SUPE&IOR COURT(ADR) PRO6RJ{Irf$r DI$FUrE E$SOLIITTON pROcRAff$STIPUL]{TTON TO PAA,TICIPATE IN ALTERN.HTTVE
to the defendant in said action by placing a lrue ccpy thereof enclosed ina seaied ervelope, with Firsr chs$ postage thereonfully prepaid, in the united statei irjitr airo:s ir.rcftEs, carirornia, addressed as forows:
KEIJLEY J\. LYNCHI iTI.i INDIVTDU},L2648 I{ANDEV]I,LE CAI{YON ROADros A$GEL&$, CA 90049I am readiiy iamiliar with the firm's praclice ,ot tlll1,,:l and processing of,documents for mairing. under thai practice, it wourdbe deposited within the United $rates p;J;is;*i"e, on rh€t sarne ciyi wr11 postage thereon frilty prepatd at LO$ ANGEIES,california in the ordinary course of ousiness. -lim
aware rhat on motidn or t# p";iy;il;;, ;#1.* is presumed invafid if poslalcancellation date or postage meier dare is moie tr,an ;; i;i;;i;i;;U. of deposit for mailing in affiday1.
$U!{}"lON$; CO]IIPLAI]IT; CIVIT C.[,$EASSIG$MSMI LOS ANGEI,ES SUPERIORJII,TBRNA"IYS DISPUTE RE$OI,UTIOHACT {DRpA) COTTTTRAQTORS; (BITANK}DTSPIITE RESOLIITION (ADB}
{}t-:lL.i
!"iilsr*ruo Catifornia process seryer.uouhty: LOS ANGELESRegil.slration No.:ffElr LEGATJ suppoRT sBRvrcEs1?81 wEST BE\rERLv Bouirdxl"IjOS_ANGELAS. cA g0026-- --*(2r-3) 2so - Ll_LL
I declare under penalty of perjury under the laws of the Stateof California that the foregoini intormation coniained in lhereturn of service and statemeit of service fees';s-true anOcorrect and that this declaration was executed on Augurt25, 2005 at LOS ANtlr:l-as-----eqri{^,n;^
:.-\
1
I!I
I
I
C4de,, ligO3:2/Bpree,5
pm00p sr $Hruvt$E Bv ffiAtLLE\rEY
